Legal

Terms of Service

These Terms of Service (the "Agreement") are an agreement between
The Endurance International Group, Inc. operating as Safer Web ("Safer Web" or "us" or "our") and you ("User" or
"you" or
"your"). This Agreement sets forth the general terms and
conditions of
your use of the products and services made available
by the Safer Web website (collectively, the "Services"). By using
the
Services, you agree to be bound by this Agreement. If you do not
agree
to abide by the terms of this Agreement, you are not authorized to
use
or access the Services.

Additional Policies and Agreements

Use of the Services is also governed by the following
policies,
which are incorporated by reference. By using the Services,
you
also
agree to the terms of the following policies which can be found
on this page:

Account Eligibility

By registering for or using the Services, you represent and
warrant that:

You are eighteen (18) years of age or older. The
Services are
intended solely for Users who are eighteen (18) years of
age
or older. Any registration, use of or access to the
Services,
by anyone under eighteen (18) is unauthorized and is a
violation of this Agreement.

If you use the Services on behalf of another party you
agree
that you are authorized to bind such other party to this
Agreement and to act on such other party's behalf with
respect
to any actions you take in connection with the Services.

It is your responsibility to provide accurate, current, and
complete information on the registration forms and to ensure
that
such information is up to date at all times. If there is
ever an
abuse issue or we need to contact you, we will use the
primary
email address we have on file. Safer Web is not
responsible for any
lapse in the Services. If you need to verify or change your
contact information, you may utilize the
Safer Web Account Dashboard
to update your contact information. Providing false contact
information of any kind may result in the termination of
your
account. In certain cases, you may be required to provide
government issued identification and possibly a scan of the
credit
card used for verification purposes. Failure to provide the
information requested may result in your order being denied.

The information you provide in connection with your account
is
hosted in the United States (U.S.) unless otherwise
provided. If
you access the Service from outside of the U.S., you are
voluntarily transferring information (potentially including
personally-identifiable information) to the U.S. Accordingly
you
agree that our collection, use, storage and sharing of your
information is subject to the laws of the U.S., and not
necessarily of the jurisdiction in which you are located.

You agree to be fully responsible for all use of your
account and
for any actions that take place through your account. It is
your
responsibility to maintain the confidentiality of your
password
and other information related to the security of your
account.

Limited License

Safer Web grants you a non-transferable, non-exclusive,
terminable,
and
limited license to access, download, and use the
Services,
including
certain software that may be downloaded from
the Safer Web website, for
your personal use only provided that you comply with
this
Agreement.
The software provided by Safer Web, includes any
files
(excluding
customer files), images incorporated in or generated
by the
software,
and data accompanying the software (collectively, the
"Software").
Safer Web does not transfer title of the Software to you and
retains
all
rights not expressly granted herein. You are not
permitted
to
interfere with the operation of the Services in any
way
through any
means or device, including without limitation:
hacking,
spamming,
uploading computer viruses or time bombs, and any
other
means
prohibited under this Agreement. You may not
decompile,
disassemble,
redistribute, reverse engineer, sell or otherwise
reduce
the Software
to a human-readable form. If you use the Services in a
manner not
authorized by this Agreement, you are committing a
material
breach of
this Agreement and your license to use the Services
will
terminate
immediately.

User Responsibilities

You are solely responsible for using the Services in
compliance
will all applicable laws, rules and regulations. If the
Services
are prohibited by law in the jurisdiction in which you
reside or
from where you access the Services, you are prohibited from
using
the Services.

You are expressly prohibited from using the Services in a
manner
that violates or infringes upon any third party copyrights
or
other intellectual property rights. You may not upload,
download
or otherwise access copyrighted materials by utilizing the
Services without obtaining the prior permission of the
copyright
owner. If you violate this provision, as determined in our
sole
discretion, Safer Web may immediately terminate your access
to the
Services. For additional information on prohibited
activities,
please see the Safer Web Acceptable Use Policy.

Safer Web exercises no control over, and accepts no
responsibility
for, your use of the Services or the content of
any
information
passing through Safer Web's computers, network
hubs
and points of
presence or the Internet. Safer Web does not
monitor User content.
However, you acknowledge and agree
that Safer Web may immediately
take any corrective action, suspend or terminate
any
and all
Services without refund if you violate the terms
of
this
Agreement. You hereby agree
that Safer Webshall
have no liability
due to any corrective action
that Safer Web may take.

All content available through the Services, including
designs,
text, graphics, images, video, information, software, audio
and
other files, and their selection and arrangement, and all
software
used to provide the Services (collectively,
"Safer Web Content"),
are the proprietary property of Safer Web or Safer Web's licensors.

You may not modify, copy, distribute, frame, reproduce,
republish, download, scrape, display, post, transmit,
sell or
exploit such Safer Web Content for any purpose in
any form or by
any means, in whole or in part, other than as expressly
permitted in this Agreement.

Any use of Safer Web Content, other than as
specifically
authorized herein, is prohibited and will automatically
terminate your rights to use the Services and
any Safer Web Content. All rights to use Safer Web Content that
are not
expressly granted in this Agreement are reserved
by Safer Web and Safer Web's licensors.

Third Party Products and Services

Third Party Providers

Safer Web may offer certain third party products and
services.
Such products and services may be subject to the
terms and
conditions of the third party provider.
Discounts,
promotions
and special third party offers may be subject to
additional
restrictions and limitations by the third party
provider. You
should confirm the terms of any purchase and the
use
of goods or
services with the specific third party provider
with
whom you
are dealing.

Safer Web does not make any representations or warranties
regarding, and is not liable for, the quality,
availability, or
timeliness of goods or services provided by a
third
party
provider. You undertake all transactions with
these
third party
providers at your own risk. We do not warrant
the
accuracy or
completeness of any information regarding third
party
providers.
Safer Web is not an agent, representative, trustee or
fiduciary
of
you or the third party provider in any
transaction.

Safer Web as Reseller or Licensor

Safer Web may act as a reseller or licensor of certain
third
party
services, hardware, software and equipment used
in
connection
with the Services ("Non-Safer Web Products"). Safer Web is not
responsible for any changes in the Services that
cause any
Non-Safer Web Products to become obsolete,
require modification or
alteration, or otherwise affect the performance
of
the Services.
Any malfunction or manufacturer's defects of
Non-Safer Web Products, either sold, licensed or provided
by Safer Web to you
will not be deemed a breach
of Safer Web's
obligations under this
Agreement. Any rights or remedies you may have
regarding the
ownership, licensing, performance or compliance
of
any
Non-Safer Web Product are limited to those
rights extended to you
by the manufacturer of such
Non-Safer Web Product. You are
entitled to use any Non-Safer Web Product
supplied by Safer Web only
in connection with your use of the Services as
permitted under
this Agreement. You shall make no attempt to
copy,
alter,
reverse engineer, or tamper with such
Non-Safer Web Product or to
use it other than in connection with the
Services.
You shall not
resell, transfer, export or re-export any
Non-Safer Web Product,
or any technical data derived therefrom, in
violation
of any
applicable law, rules or regulations.

Third Party Websites

The Services may contain links to other websites that are
not
owned or controlled by Safer Web ("Third Party
Sites"), as well as
articles, photographs, text, graphics, pictures, designs,
sound,
video, information, and other content or items belonging
to or
originating from third parties ("Third Party Content"). We
are
not responsible for any Third Party Sites or Third Party
Content
accessed through the Services. Third Party Sites and Third
Party
Content are not investigated, monitored or checked for
accuracy,
appropriateness, or completeness by us. If you decide to
access
Third Party Sites or to access or use any Third Party
Content,
you do so at your own risk and you should be aware that
our
terms and policies no longer govern. You should review the
applicable third party's terms and policies, including
privacy
and data gathering practices of any website to which you
navigate.

Prohibited Persons and Export Controls.

The U.S. Department of the Treasury, through the Office of
Foreign
Assets Control ("OFAC"), prohibits U.S. companies from
engaging in
commercial activities with certain sanctioned countries or
regions
(each a "Sanctioned Country/Region") and certain
individuals,
organizations or entities, including without limitation,
"Specially Designated Nationals" ("SDN") listed by OFAC. If
you
are located in a Sanctioned Country/Region or are listed as
an
SDN, you are prohibited from registering or signing up with,
subscribing to, or using the Services.

Without any limitation to the foregoing, you may not export,
re-export, transfer or make the Services or Software
available,
whether directly or indirectly, to anyone outside the United
States (or, if you are outside of the United States, to
anyone
outside of your national jurisdiction) in connection with
this
Agreement without first complying with all export control
laws and
regulations which may be imposed by the United States
government
and any country or organization of nations within whose
jurisdiction you utilize the Services.

Account Security and Safer Web Systems.

Users are ultimately responsible for all actions taken under
their
account. This includes the compromise of credentials such as
user
name and password. You are required to use a secure
password. If a
weak password is used, your account may be suspended until
you
agree to use a more secure password

The Services, including all related equipment, networks and
network devices are provided only for authorized customer
use.
Safer Web may, but is not obligated to, monitor our systems,
including without limitation, to ensure that use is
authorized, to
facilitate protection against unauthorized access, and to
verify
security procedures, survivability, and operational
security.
During monitoring, information may be examined, recorded,
copied
and used for authorized purposes. By using the Services, you
consent to monitoring for these purposes.

Any account found connecting to a third party network or
system
without authorization from the third party is subject to
suspension. Access to networks or systems outside of your
direct
control requires the express written consent of the third
party.
Safer Web may, at our discretion, request documentation to
prove
that your access to a third party network or system is
authorized.

Your account or your access to the Services may be suspended
and/or terminated if we receive an abuse report regarding
your
account or use of the Services.

HIPAA Disclaimer.

We are not "HIPAA compliant."

You are solely responsible for any applicable compliance with
federal or state laws governing the privacy and security of
personal
data, including medical or other sensitive data. You
acknowledge
that the Services may not be appropriate for the transfer of
sensitive data, such as information about children or medical
or
health information. Safer Web does not control or monitor
the
information or data you transmit through the Services. We
specifically disclaim any representation or warranty that the
Services, as offered, comply with the federal Health Insurance
Portability and Accountability Act ("HIPAA"). Customers
requiring
secure storage of "protected health information" as defined
under
HIPAA are expressly prohibited from using the Services for
such
purposes. Permitting access to "protected health information"
is a
material violation of this Agreement, and grounds for
immediate
account termination. We do not sign "Business Associate
Agreements"
and you agree that Safer Web is not a Business Associate
or
subcontractor or agent of yours pursuant to HIPAA. If you have
questions about the security of your data, you should contact
feedback@saferweb.com
.

Compatibility with the Services

You agree to cooperate fully with Safer Web in connection
with
Safer Web's provision of the Services. It is solely your
responsibility to provide any equipment or software that may
be
necessary for your use of the Services and to ensure that such
equipment and software are compatible with the Services. To
the
extent that the performance of any of our obligations under
this
Agreement may depend upon your performance of your
obligations,
Safer Web is not responsible for any delays due to your
failure to
timely perform your obligations.

Billing and Payment Information

Prepayment

It is your responsibility to ensure that your payment
information is up to date, and that all invoices are paid
on
time. You agree to pay for the Services in advance of the
time
period during which such Services are provided. Subject to
applicable laws, rules, and regulations, payments received
will
be first applied to the oldest outstanding invoice in your
billing account.

Autorenewal

Unless otherwise provided, you agree that until and unless you
notify Safer Web of your desire to cancel the Services, you will
be billed on an automatically recurring basis to prevent any
disruption to your Services, using your credit card or other
billing information on file with us.

Safer Web often offers promotions and special offers to customers during their initial term.
These special offers are limited-time promotional prices that are available to new customers
only and are valid for the initial term only. Upon renewal, you will be billed at the regular
rates, which are currently, $7.97/mo for 2-year terms, $9.97/mo for 1-year terms, and $12.98/mo for monthly terms for the Premium Plan and $9.97/mo for 2-year terms, $11.97/mo for 1-year terms, and $14.98/mo for monthly terms for the Super Premium Plan.

Regular rates for addons are currently billed at; $19.90/year for Priority Support, $49.90/year
for Supercharged Locations and $29.90/year for additional connections.

Taxes

Listed fees for the Services include any applicable
sales, use, revenue, excise or other taxes imposed by any
taxing
authority. Any applicable taxes will be added
to Safer Web's
invoice as a separate charge to be paid by you. All fees
are
non-refundable when paid unless otherwise stated.

Late Payment

All invoices must be paid within fifteen (15) days of the
invoice due date. Any invoice that is outstanding for more
than
fifteen (15) days may result in the suspension or
termination of
Services. Access to the Services will not be restored
until
payment has been received. If you fail to pay the fees as
specified herein Safer Web may suspend or terminate
your account.
Safer Web will not activate new orders or activate new
packages
for customers who have an outstanding balance on their
account.

Fraud

It is a violation of this Agreement for you to misuse or
fraudulently use credit cards, charge cards, electronic
funds
transfers, electronic checks, or any other payment method.
Safer Web may report any such misuse or fraudulent use, as
determined in Safer Web's sole discretion, to
governmental and law
enforcement authorities, credit reporting services,
financial
institutions and/or credit card companies.

Invoice Disputes

You have ninety (90) days to dispute any charge or payment
processed by Safer Web. If you have any questions
concerning a
charge on your account, please reach out to our billing
department for assistance.

Cancellations and Refunds

Payment Method.

No refunds will be provided if you use any of the
following
methods of payment: bank wire transfers, Western Union
payments,
checks and money orders. If you use any of these payment
methods,
any applicable credit will be posted to your account
instead of
a
refund.

Money-back Guarantee.

If an account with a thirty (30) day money-back guarantee
is
purchased and then cancelled within the first thirty (30)
days
of the beginning of the term (the "Money-Back Guarantee
Period"), you will, upon your written request to
the Safer Web Support Team (the "Refund Request") within ninety (90)
days of
such termination or cancellation ("Notice Period"),
receive a
full refund of all fees previously paid by you
to Safer Web for
the initial term ("Money-Back Guarantee Refund"); provided
that
such Money-Back Guarantee Refund shall be due to you only
upon
your compliance with, and subject in all respects to the
terms
and conditions of, this Section 11. Requests for these
refunds
must be made in writing to the Safer Web Support Team.
Refunds
will only be issued for basic services and will not
include
administrative fees, install fees for custom software or
other
setup fees, nor will they include any fees for any other
additional services. Money Back Guarantee Refunds will not
accrue, and shall not be paid under any circumstances, if
you do
not provide the applicable Refund Request within the
Notice
Period.

Refund Eligibility.

Only first-time accounts are eligible for a refund. For
example,
if you've had an account with us before, canceled and
signed up
again, or if you have opened a second account with us, you
will
not be eligible for a refund. Violations of this Agreement
will
waive your rights under the refund policy.

Cancellation Process.

You may terminate or cancel the Services by
giving Safer Web written notice via the cancellation form provided. In such
event: (i) you shall be obligated to pay all fees and
charges
accrued prior to the effectiveness of such cancellation
and (ii)
Safer Web may, in our sole discretion, refund all pre-paid
fees
for basic services for the full months remaining after the
effectiveness of such cancellation (i.e. no partial month
fees
shall be refunded) less any setup fees, applicable taxes
and any
discount applied for prepayment, provided that you are not
in
breach of this Agreement.
Once we receive your cancellation form and have confirmed
all
necessary information with you via email, we will inform
you in
writing (typically email) that your account has been
canceled.
Your cancellation confirmation will contain a
ticket/tracking
number in the subject line for your reference and for
verification purposes. You should immediately receive an
automatic email with a tracking number stating that "Your
request has been received...." Safer Web will confirm
your request
and process your cancellation shortly thereafter. If you
do not
hear back from us, or do not receive the automatic
confirmation
email within a few minutes after submitting your
cancellation
form, please contact us immediately via email or chat.
We require all cancellations to be done through the online
form
in order to (a) confirm your identity and(b) to document
the
request. This process aims to reduce the likelihood of
mistakes,
fraudulent/malicious requests, and to ensure that you are
aware
that your account access will be terminated after a
cancellation
request is processed. Cancellations for accounts will be
effective on the account's renewal date.

Foreign Currencies.

Exchange rate fluctuations for international payments are
constant and unavoidable. All refunds are processed in
U.S.
dollars and will reflect the exchange rate in effect on
the date
of the refund. All refunds are subject to this fluctuation
and
Safer Web is not responsible for any change in exchange
rates
between the time of payment and the time of refund.

Termination

Safer Web may terminate your access to the Services, in
whole
or
in part, without notice in the event that: (i)
you
fail to pay
any fees due; (ii) you violate this Agreement;
(iii)
your
conduct may harm Safer Web or others or
cause Safer Web or others to
incur liability, as determined
by Safer Web in our sole
discretion; or (iv) as otherwise specified in
this
Agreement. In
such event, Safer Web shall not refund to
you any
fees paid in
advance of such termination, and you shall be
obligated to pay
all fees and charges accrued prior to the
effectiveness of such
termination.
Additionally, Safer Web may charge
you for all fees
due for the Services for the remaining portion
of the
then
current term.

Bandwidth Usage

Bandwidth usage is shared among all users of the Services.
Provided
that you use the Services in compliance with this Agreement
and the
Acceptable Use Policy, your bandwidth usage will not be
limited
unless otherwise stated.

Price Change

Safer Web reserves the right to change prices or any other
charges
at
any time. We will provide you with at least thirty
(30)
days’ notice
before charging you with any price change on any
annual
or longer
term plans. It is your sole responsibility to
periodically review
billing information provided
by Safer Web through the
user billing
tool or through other methods of communication,
including
notices
sent or posted by Safer Web.

Limitation of Liability

IN NO EVENT WILL Safer Web ITS DIRECTORS, EMPLOYEES OR
AGENTS BE
LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT,
CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING
FOR
ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE
SERVICES,
OR ANY CONTENT OR OTHER MATERIALS ACCESSED OR DOWNLOADED
THROUGH THE
SERVICES, EVEN IF Safer Web IS AWARE OR HAS BEEN ADVISED
OF THE
POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, Safer Web'S
LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY
CAUSE
WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS
LIMITED TO
THE AMOUNT PAID, IF ANY, BY YOU TO Safer Web FOR THE
SERVICES IN THE
THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO
LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE
THAN
ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.

Indemnification

You agree to indemnify, defend and hold
harmless Safer Web, our
affiliates, and their respective officers, directors, employees
and
agents (each an "Indemnified Party" and, collectively, the
"Indemnified Parties") from and against any and all claims,
damages,
losses, liabilities, suits, actions, demands, proceedings
(whether
legal or administrative), and expenses (including, but not
limited to,
reasonable attorney's fees) threatened, asserted, or filed by a
third
party against any of the Indemnified Parties arising out of or
relating to (i) your use of the Services, (ii) any breach or
violation
by you of this Agreement; or (iii) any acts or omissions by you.
The
terms of this section shall survive any termination of this
Agreement.

Arbitration

All disputes arising under or relating to this Agreement shall
be
resolved by final and binding arbitration conducted before a
single
arbitrator, chosen by Safer Web, pursuant to the
commercial
arbitration rules of the Commercial Dispute Resolution
Procedures
and the Supplementary Procedures for Consumer Related Disputes
(collectively, “AAA Rules”) of the American Arbitration
Association
(“AAA”), as modified by this Agreement, and shall be
administered by
the AAA. The arbitration before the AAA shall proceed solely
on an
individual basis without the right for any claims to be
arbitrated
on a class action basis or on bases involving claims brought
in a
purported representative capacity on behalf of others. All
issues
are for the arbitrator to decide, including the scope of this
arbitration clause, but the arbitrator is bound by the terms
of this
Agreement. The arbitration will be held at the AAA location
chosen
by Safer Web in Boston, Massachusetts. In the event you are
able to
demonstrate that the costs of arbitration will be prohibitive
as
compared to the costs of litigation, Safer Web will pay as
much of
your filing, administrative, and arbitrator fees in connection
with
the arbitration as the arbitrator deems necessary to prevent
the
arbitration from being cost-prohibitive. If, however, the
arbitrator
finds that either the substance of your claim or the relief
sought
is improper or not warranted, as measured by the standards set
forth
in the Federal Rule of Civil Procedure 11(b), then the payment
of
arbitration costs shall be governed by the AAA Rules. In such
case,
you agree to reimburse Safer Web for all monies previously
disbursed
by it that are otherwise your obligation to pay under the AAA
Rules.
If the arbitrator grants relief to you that is equal to or
greater
than the value of your demand, Safer Web shall reimburse
you for your
reasonable attorneys' fees and expenses incurred for the
arbitration. Notwithstanding the foregoing, if you are located
in
the U.K. the arbitration may be held at a location chosen
by Safer Web in the U.K. Independent Contractor

Safer Web and User are independent contractors and nothing
contained
in this Agreement places Safer Web and User in
the
relationship of
principal and agent, partners or joint venturers.
Neither
party has,
expressly or by implication, or may represent itself
as
having, any
authority to make contracts or enter into any
agreements
in the name
of the other party, or to obligate or bind the other
party in any
manner whatsoever.

Governing Law; Jurisdiction

Any controversy or claim arising out of or relating to this
Agreement,
the formation of this Agreement or the breach of this Agreement,
including any claim based upon an alleged tort, shall be
governed by
the substantive laws of the Commonwealth of Massachusetts. The
United
Nations Convention on Contracts for the International Sale of
Goods
does not apply to this Agreement.

DISCLAIMER

THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN
"AS IS"
AND "AS AVAILABLE BASIS." EXCEPT AS EXPRESSLY PROVIDED IN THIS
SECTION, Safer Web AND OUR AFFILIATES, EMPLOYEES, AGENTS,
SUPPLIERS AND
LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OF
IMPLIED,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE
SERVICES PROVIDED HEREUNDER. Safer Web AND OUR AFFILIATES,
EMPLOYEES,
AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR
WARRANTIES
(I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE,
COMPLETELY
SECURE, OR WITHOUT LIMITATION; (II) AS TO THE RESULTS THAT MAY
BE
OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE
ACCURACY,
RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE
SERVICES. Safer Web AND OUR AFFILIATES, EMPLOYEES, AGENTS,
SUPPLIERS AND
LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIM ANY LIABILITY,
FOR
THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS
THROUGH
THE SERVICES. Safer Web MAY IMPOSE USAGE LIMITS OR SUSPEND
SERVICES, IN
ITS SOLE DISCRETION, TO PROTECT Safer Web’S SYSTEMS OR OTHER
USERS. THE
TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS
AGREEMENT.

Disclosure to Law Enforcement

Safer Web may disclose User information to law enforcement
agencies
without further consent or notification to the User
upon
lawful
request from such agencies. We cooperate fully with
law
enforcement
agencies.

Entire Agreement

This Agreement, including documents incorporated herein by
reference,
supersedes all prior discussions, negotiations and agreements
between
the parties with respect to the subject matter hereof, and this
Agreement constitutes the sole and entire agreement between the
parties with respect to the matters covered hereby.

Headings

The headings herein are for convenience only and are not part of
this
Agreement.

Changes to the Agreement or the Services

Safer Web may modify, add, or delete portions of this
Agreement
at
any time. If we have made significant changes to
this
Agreement,
we will post a notice on
the Safer Web website for
at least thirty
(30) days after the changes are posted and will
indicate at the
bottom of this Agreement the date of the last
revision.
Any
revisions to this Agreement will become effective
when
posted
unless otherwise provided. You agree to any
modification to this
Agreement by continuing to use the Services after
the
effective
date of any such modification.

Safer Web reserves the right to modify, change, or
discontinue
any
aspect of the Services at any time.

Severability

If any provision or portion of any provision of this Agreement
is
found to be illegal, invalid or unenforceable by a court of
competent
jurisdiction, the remaining provisions or portions (unless
otherwise
specified) thereof shall remain in full force and effect.

Waiver

No failure or delay by Safer Web to exercise any right or
remedy
hereunder shall operate as a waiver thereof, nor shall any
single or
partial exercise of any right or remedy preclude any other or
further
exercise of any right or remedy. No express waiver of, or assent
to,
any breach of or default in any term or condition of this
Agreement by
Safer Web shall constitute a waiver of, or an assent to, any
succeeding
breach of or default in the same or any other term or condition
hereof.

Assignment; Successors

You may not assign or transfer this Agreement or any of your
rights or
obligations hereunder, without the prior written consent
of Safer Web.
Any attempted assignment in violation of this Agreement shall be
null
and void and of no force or effect
whatsoever. Safer Web may assign our
rights and obligations under this Agreement, and may engage
subcontractors or agents in performing our duties and exercising
our
rights hereunder, without the consent of User. This Agreement
shall be
binding upon and shall inure to the benefit of the parties
hereto and
their respective successors and permitted assigns.

Force Majeure

Neither party is liable for any default or delay in the
performance of
any of its obligations under this Agreement (other than failure
to
make payments when due) if such default or delay is caused,
directly
or indirectly, by forces beyond such party's reasonable control,
including, without limitation, fire, flood, acts of God, labor
disputes, accidents, acts of war or terrorism, interruptions of
transportation or communications, supply shortages or the
failure of
any third party to perform any commitment relative to the
production
or delivery of any equipment or material required for such party
to
perform its obligations hereunder.

Third-Party Beneficiaries

Except as otherwise expressly provided in this Agreement,
nothing in
this Agreement is intended, nor shall anything herein be
construed to
confer any rights in any person other than the parties hereto
and
their respective successors and permitted assigns.
Notwithstanding the
foregoing, user acknowledges and agrees that any supplier of a
third-party product or service that is identified as a
third-party
beneficiary in the service description, is an intended
third-party
beneficiary of the provisions set forth in this Agreement as
they
relate specifically to its products or services and shall have
the
right to enforce directly the terms and conditions of this
Agreement
with respect to its products or services against user as if it
were a
party to this Agreement.

Last Modified on December 15th, 2017

Privacy Policy

DMCA

Copyright Infringement Notification

As provided in the Digital Millennium Copyright Act of 1998, we have
designated the following individual for notification of potential
copyright infringement regarding Web sites hosted
by Safer Web:
support@saferweb.com .
If you believe content hosted by
Safer Web infringes a copyright,
please provide the following information to the person identified
above
(17 U.S.C. 512):

A physical or electronic signature of the copyright owner or
authorized agent;

Identification of the copyrighted work(s) claimed to have been
infringed;

Identification of the material that is claimed to be infringing or
to be the subject of the infringing activity and that is to be
removed or access to which is to be disabled, and information
reasonably sufficient to permit us to locate the material;

A statement that the copyright owner or its authorized agent has a
good faith belief that use of the material in the manner complained
of is not authorized by the copyright owner, its agent, or the law;

A statement that the information in the notification is accurate,
and made under penalty of perjury, and, if an agent is providing the
notification, a statement that the agent is authorized to act on
behalf of the owner of an exclusive right that is allegedly
infringed.

AUP

This Acceptable Use Policy (the “AUP”) forms part
of Safer Web’s Terms of
Service and governs your use of the Services and is incorporated by
reference into Safer Web’s
Terms of Service. Unless otherwise stated,
defined terms in this AUP have the meanings provided in the Terms of
Service. Safer Web may modify
this AUP at any time without notice.

The Services provided by
Safer Web may only be used for lawful purposes.
If the Services are prohibited by law in the jurisdiction in which you
reside or from where you access the Services, you are prohibited from
using the Services. You agree to comply with all applicable laws,
rules
and regulations in connection with your use of the
Services. Safer Web reserves the right to refuse service to anyone. Any user activity that
in our judgment violates this AUP in any manner may result in the
suspension and/or termination of your account and/or the Services
without notice.

Prohibited Uses

Infringement of Intellectual Property Rights

Use of the Services to infringe upon another party’s
intellectual property rights, including without limitation a
third party’s copyright, is prohibited. This includes, but is
not limited to, the unauthorized copying, access, streaming,
downloading or distribution of movies, music, books,
photographs, software/warez, or any other copyrighted work. If
Safer Web determines in its sole discretion that you are
infringing on the intellectual property rights of others, your
account or your access to the Services may be immediately
terminated.

Illegal Activities

You are prohibited from using the Services for illicit
purposes,
to transmit any illegal material or to conduct any illegal
activities.

Non-Personal Use

You are prohibited from using the Services for any
non-personal
use. The license granted to you under the Terms of Service is
limited to your personal use and does not allow for any
commercial, business or server use of the Services.

Sexual Exploitation of Minors

Activities that are potentially harmful to minors, as
determined
in Safer Web’s sole discretion, are strictly forbidden,
including
but not limited to, child pornography or content perceived to
be
child pornography. Any account found to access or transmit
child
pornography will be suspended immediately without notice and
reported to law enforcement.

We reserve the right to refuse service to anyone. Any use
that,
in
our judgment, is obscene, threatening, illegal, or violates
our
Terms of Service or this AUP in any manner may be terminated
(or
otherwise disabled), with or without notice.

Violations

Your Services may be terminated with or without notice upon
any
violation of this AUP. If applicable, violations will be
reported to the appropriate law enforcement agency. A failure
to
respond to an email from our abuse department within
forty-eight
(48) hours, or as otherwise specified in the email, may result
in the suspension or termination of your Services.

Zero Tolerance Spam Policy

We take a zero tolerance stance against the sending of unsolicited
e-mail, bulk emailing, and spam. "Safe lists," purchased lists,
and
selling of lists will be treated as spam. If you send spam through
the Services, we may immediately terminate your account or access
to
the Services without notice.
Safer Web reserves the right to require changes or disable as
necessary, any account, database, or other component that does not
comply with our policies, or to make any such modifications in an
emergency that we deem necessary at our sole discretion.
Any User account which results in our IP space being blacklisted
will be immediately suspended and/or terminated
and Safer Web reserves
the right to charge the User a cleanup fee for any charges
incurred
for blacklist removal at our sole discretion.

Reporting Violations

If you would like to report a violation of our AUP, abuse, or if
you
believe that your intellectual property rights are being infringed
upon, please email
abuse@saferweb.com . For copyright infringement
claims, Safer Web follows the Digital Millennium Copyright Act
(“DMCA”) notice and takedown procedures. A list of the information
required to submit a sufficient copyright infringement claim can
be found in the DMCA tab at the top of this page.